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virgn cable to neighbour accross my garden

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Ian

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Apr 20, 2015, 1:23:10 PM4/20/15
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An upstairs neighbour has taken broadband service from virgin, who have
placed their cable across the front of my flat on a flowerbed in a front
garden which is exclusive to me.

This was done without any permission being requested, what is the usual
outcome of a complaint, I would prefer the cable not to be there and have no
interest in taking service from virgin

Ian

huLLy

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Apr 20, 2015, 1:46:03 PM4/20/15
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Probably time to dig up the flowerbed...

Don

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Apr 20, 2015, 1:46:33 PM4/20/15
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On 20/04/2015 18:23, Ian wrote:
>
> An upstairs neighbour has taken broadband service from virgin, who have
> placed their cable across the front of my flat on a flowerbed in a front
> garden which is exclusive to me.
>

That sounds like you don't own the land.

Blue

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Apr 20, 2015, 1:51:24 PM4/20/15
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On 20/04/2015 18:23, Ian wrote:
>
Sounds like your the neighbour downstairs.
Do you have kids running riot, screaming
and shouting, kicking footballs up your neighbours
walls and banging on their front doors every five minutes
driving them insane but you know nothing about it?

Mel Rowing

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Apr 20, 2015, 1:51:42 PM4/20/15
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You have no choice. Virgin has the status of a utility company. This gives then right to pass any cable over or any duct under your property provided that any damage is made good afterwards.

I have a similar situation. I have been informed that at sometime in the future a power cable will be ducted across my property. Unlike you I do not mind since this action will be part of the necessary to rid the village of unsightly overground power cables supported on poles.

steve robinson

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Apr 20, 2015, 4:43:46 PM4/20/15
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No company has the right to pass cables under your property without
your consent, they need a wayleave if yuo can't agree a wayleave may be
granted by a minister, however this isnt possible on domestic property.

Ian

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Apr 20, 2015, 4:50:08 PM4/20/15
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Could do that , but expect they would only redo

Ian

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Apr 20, 2015, 4:53:54 PM4/20/15
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Single, no kids and working away from home for last 18 months , however any
Saturday I'm back there seems to be a banning teenage party above - so quite
the reverse

Blue

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Apr 20, 2015, 5:13:39 PM4/20/15
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Ha, I had nabs like that, they'd let it out to kids
for a month or so, bouncers and so on.
Garage music loud till 5 in the morning.
That's when I went insane.

Well another insane.

notya...@gmail.com

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Apr 21, 2015, 6:29:45 AM4/21/15
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On Monday, 20 April 2015 18:23:10 UTC+1, Ian wrote:
Examine your title. It will undoubtedly have provision for access to upstairs and more importantly for pipes, wires, sewers ducts etc. (wayleaves) under or over your land (garden) to provide services to your neighbour - i.e. s/he is perfectly entitled to get Virgin.

OTOH Virgin should have contacted you and made arrangements to avoid damage and / or reinstate the flower bed, but probably they just did not know that farmer Palmer lived downstairs.

Do not dig up or cut Virgn's cable - that would be criminal damage.

Mel Rowing

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Apr 21, 2015, 7:14:37 AM4/21/15
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On Monday, 20 April 2015 21:43:46 UTC+1, steve robinson wrote:
> Mel Rowing wrote:

> No company has the right to pass cables under your property without
> your consent, they need a wayleave if yuo can't agree a wayleave may be
> granted by a minister, however this isnt possible on domestic property.

http://tinyurl.com/nnn9q6w

"Electronic communications

The electronic communications code (the 'Code') sets out the powers enjoyed by authorised operators to install apparatus.

Code powers are generally conferred by written agreement with the occupier of land. The Code allows the operator to apply to the county court for an order dispensing with the need for agreement. The court may confer those rights on such terms (including the amount of compensation and consideration) as it considers would have been fair and reasonable if the agreement had been given willingly."

Mike Swift

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Apr 21, 2015, 7:40:16 AM4/21/15
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In article <3a778dd4-7b78-434d...@googlegroups.com>,
notya...@gmail.com writes
>OTOH Virgin should have contacted you and made arrangements to avoid
>damage and / or reinstate the flower bed, but probably they just did not
>know that farmer Palmer lived downstairs.

Virgin *should* do a lot of things, they should put cables at least 1.5
feet underground through a garden, mine was more like 1.5 inches so when
I had my garden restructured the cable was broken, after an expensive
mobile call I finally got the overseas Virgin call centre guy to send
someone to mends it.

I was ready for a fight if they charged me but the tech said this
happened often and as they had not dug the cable deep enough there was
no charge.

Mike

--
Michael Swift We do not regard Englishmen as foreigners.
Kirkheaton We look on them only as rather mad Norwegians.
Yorkshire Halvard Lange

Nick

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Apr 21, 2015, 7:41:53 AM4/21/15
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On 21/04/2015 11:29, notya...@gmail.com wrote:
> Examine your title. It will undoubtedly have provision for access to upstairs and more importantly for pipes, wires, sewers ducts etc. (wayleaves) under or over your land (garden) to provide services to your neighbour - i.e. s/he is perfectly entitled to get Virgin.
>
> OTOH Virgin should have contacted you and made arrangements to avoid damage and / or reinstate the flower bed, but probably they just did not know that farmer Palmer lived downstairs.
>
> Do not dig up or cut Virgn's cable - that would be criminal damage.

Dig up? He didn't say they had buried it.

My interpretation of what the OP said is that virgin have just laid a
cable, probably encased in a 2cm diameter bright green tube, across his
garden. That is the way I have seen them do it at other properties.

Private property is private property and should be respected many large
utility company do abuse the law in the knowledge that most people do
not have the will to tackle it via the courts. I think if the cable were
cut the boot would be on the other foot with Virgin unwilling to take it
via the courts.


Big Les Wade

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Apr 21, 2015, 8:28:28 AM4/21/15
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Mel Rowing <mel.r...@btinternet.com> posted
>On Monday, 20 April 2015 21:43:46 UTC+1, steve robinson wrote:
>> Mel Rowing wrote:
>
>> No company has the right to pass cables under your property without
>> your consent, they need a wayleave if yuo can't agree a wayleave may be
>> granted by a minister, however this isnt possible on domestic property.
>
>http://tinyurl.com/nnn9q6w
>
>"Electronic communications
>
>The electronic communications code (the 'Code') sets out the powers
>enjoyed by authorised operators to install apparatus.
>
>Code powers are generally conferred by written agreement with the
>occupier of land.

Not in the OP's case.

>The Code allows the operator to apply to the county court for an order
>dispensing with the need for agreement.

This didn't happen in the OP's case either, unless such applications are
made ex parte, which seems unlikely.

>The court may confer those rights on such terms (including the amount
>of compensation and consideration) as it considers would have been fair
>and reasonable if the agreement had been given willingly."

Which suggests that the operator is obliged to at least try to reach
agreement with the landowner before going ahead. I wonder what is the
origin of this Code.

--
Les

Special Care

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Apr 21, 2015, 9:46:34 AM4/21/15
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From the wording of the OP, it looks like he lives in a council-owned building, perhaps with four flats. Councils all over UK have already given permission to Virgin to do what was done there.

On the other hand, if he is owner of that garden, he had the option of telling the technicians they were trespassing, ordering them off his property, and if they didn't leave, grabbing them by the arm and pushing them off his property.

Ian

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Apr 21, 2015, 11:35:46 AM4/21/15
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Nick wrote:

> On 21/04/2015 11:29, notya...@gmail.com wrote:
>> Examine your title. It will undoubtedly have provision for access to
>> upstairs and more importantly for pipes, wires, sewers ducts etc.
>> (wayleaves) under or over your land (garden) to provide services to your
>> neighbour - i.e. s/he is perfectly entitled to get Virgin.

I don't mind her getting virgin, I do mind a cable on the surface
>>
>> OTOH Virgin should have contacted you and made arrangements to avoid
>> damage and / or reinstate the flower bed, but probably they just did not
>> know that farmer Palmer lived downstairs.
>>
>> Do not dig up or cut Virgn's cable - that would be criminal damage.
>
> Dig up? He didn't say they had buried it.
Buried as deep as 5cm in places
>
> My interpretation of what the OP said is that virgin have just laid a
> cable, probably encased in a 2cm diameter bright green tube, across his
> garden. That is the way I have seen them do it at other properties.
>
> Private property is private property and should be respected many large
> utility company do abuse the law in the knowledge that most people do
> not have the will to tackle it via the courts. I think if the cable were
> cut the boot would be on the other foot with Virgin unwilling to take it
> via the courts.

Fraid its just a naked black cable

Mel Rowing

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Apr 21, 2015, 3:33:09 PM4/21/15
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Mel Rowing

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Apr 21, 2015, 4:09:51 PM4/21/15
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I think you'd find they would!

Criminal damage is just that where the other issue is a civil matter and as such a separate issue.

Scion

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Apr 22, 2015, 5:12:32 AM4/22/15
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Nick put finger to keyboard:
Cable company salesman: "Want cable TV?"

Me: "Not particularly."

CCS: "Aw, go on, it's really good."

Me: "You'd have to dig up my driveway to lay the cable."

CCS: "We'll bury it in your neighbour's garden."

Me: "Don't think they'll take kindly to that."

CCS: "We'll do it when they're out."

Tough Guy no. 1265

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Apr 22, 2015, 5:18:20 AM4/22/15
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Sounds like the complete opposite of Sky, who won't even touch a shared dish (even though they're the one's who put it there!)

--
On the topic of mobile phones:
Anything bigger than 4 inches is getting into the region where most people would have difficulty holding and using the device comfortably -- Callum Kerr, 2013.

Tough Guy no. 1265

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Apr 22, 2015, 5:21:29 AM4/22/15
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On Mon, 20 Apr 2015 18:23:07 +0100, Ian <postm...@narian.org.uk> wrote:

>
Since you said later that your neighbours are unneighbourly people, maybe the tech asked them who owns which bit of land (not obvious to someone who doesn't live there), and they said the flowerbed belonged to them?

Nick

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Apr 22, 2015, 9:37:28 AM4/22/15
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Sometimes I wonder what planet you are from. Criminal damage requires
proof, how would they prove who cut it or that it was intentional.

I have cut my own BT line before, digging up a plant. It certainly
wasn't intentional.

Mel Rowing

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Apr 22, 2015, 10:11:11 AM4/22/15
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On Wednesday, 22 April 2015 14:37:28 UTC+1, Nick wrote:
> On 21/04/2015 21:09, Mel Rowing wrote:

> >> My interpretation of what the OP said is that virgin have just laid a
> >> cable, probably encased in a 2cm diameter bright green tube, across his
> >> garden. That is the way I have seen them do it at other properties.
> >>
> >> Private property is private property and should be respected many large
> >> utility company do abuse the law in the knowledge that most people do
> >> not have the will to tackle it via the courts.I think if the cable were
> >> cut the boot would be on the other foot with Virgin unwilling to take > >> it via the courts.
> >
> > I think you'd find they would!
> >
> > Criminal damage is just that where the other issue is a civil matter and > > as such a separate issue.
> >
>
> Sometimes I wonder what planet you are from. Criminal damage requires
> proof, how would they prove who cut it or that it was intentional.
>
> I have cut my own BT line before, digging up a plant. It certainly
> wasn't intentional.

No criminal damage remains criminal damage whether it can be proved or not. Murder remains murder whether the perpetrator is discovered or not.

In any case, according to another poster the cable will be protected (as is usual for underground cables) making it extremely unlikely that it could be
accidentally cut unless it were cut with a mechanical digger or such.

You intervention seemed to me to amount almost to advice to interfere with the cable which would be most unwise. When in the right never seek to redress another's wrong by taking criminal action.

That's all!

notya...@gmail.com

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Apr 23, 2015, 1:39:22 PM4/23/15
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On Tuesday, 21 April 2015 12:41:53 UTC+1, Nick wrote:
If he lives in a maisonette, which seems very likely as his neighbour is upstairs, then the terms of his lease, or covenants in his title will allow the laying of pipes, wires, ducts etc. plus access to his neighbour's property even if the garden is not jointly owned.

Ian

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Apr 25, 2015, 12:09:58 PM4/25/15
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Its a 1900s tenement, I own the ground floor flat as my home but due to work
at the other end of the country have not been there to do so

notya...@gmail.com

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Apr 28, 2015, 11:35:27 AM4/28/15
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Oh yes they will if it saves getting the ladders out for a high access, although that said some are probably such thick jobsworths that they can't even think their way around that.

Tough Guy no. 1265

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Apr 28, 2015, 1:05:49 PM4/28/15
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On Tue, 28 Apr 2015 16:35:25 +0100, <notya...@gmail.com> wrote:

> On Wednesday, 22 April 2015 10:18:20 UTC+1, Tough Guy no. 1265 wrote:
>> On Mon, 20 Apr 2015 18:23:07 +0100, Ian <postm...@narian.org.uk> wrote:
>>
>> >
>> > An upstairs neighbour has taken broadband service from virgin, who have
>> > placed their cable across the front of my flat on a flowerbed in a front
>> > garden which is exclusive to me.
>> >
>> > This was done without any permission being requested, what is the usual
>> > outcome of a complaint, I would prefer the cable not to be there and have no
>> > interest in taking service from virgin
>>
>> Sounds like the complete opposite of Sky, who won't even touch a shared dish (even though they're the one's who put it there!)
>>
> Oh yes they will if it saves getting the ladders out for a high access, although that said some are probably such thick jobsworths that they can't even think their way around that.

It's the callcentre (that I used to work for) who won't send an engineer out if the dish is shared. They want all sorts of silly letters giving permission from the other users. And if you've got a landlord, forget it.

--
New here? Pull up a chair and we'll plug you in.
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